Singapore legislation

Regulation 22B

of Financial Advisers Regulations

Regulation 22B

Exemption from regulation 22(1)

Amended byS 222/2023 wef 31/12/2021S 222/2023 wef 31/12/2021S 222/2023 wef 28/04/2023S 385/2018 wef 09/07/2018S 222/2023 wef 31/12/2021S 222/2023 wef 28/04/2023

Subregulation 1

A specified person need not comply with regulation 22(1) if —

(a)

the product advertisement is prepared by another person (called in this regulation the preparer) for the specified person; and

(b)

prior to the specified person disseminating or publishing, or causing the dissemination or publication of, the product advertisement —

(i)

the condition in paragraph (2) is satisfied; and

(ii)

the preparer notifies the specified person in writing that the condition in paragraph (2) is satisfied.

Subregulation 2

Amended byS 222/2023 wef 31/12/2021S 222/2023 wef 31/12/2021S 222/2023 wef 28/04/2023S 385/2018 wef 09/07/2018S 222/2023 wef 31/12/2021S 222/2023 wef 28/04/2023

For the purpose of paragraph (1)(b), the condition is —

(a)

where the preparer is a specified person, the preparer has complied with regulation 22(1) as if the preparer were the specified person who will disseminate or publish, or cause the dissemination or publication of, the product advertisement;

(b)

where the preparer is a holder of a capital markets services licence, the preparer has complied with regulation 46(1) of the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10) as if the preparer were the holder who will disseminate or publish, or cause the dissemination or publication of, the product advertisement; or

(c)

where the preparer is a person other than a specified person or a holder of a capital markets services licence —

(i)

if the product advertisement is an advertisement or a publication mentioned in section 251(8), 273(8A) or 277(7) of the Securities and Futures Act 2001, the product advertisement complies with the requirements mentioned in regulation 17 of the Securities and Futures (Offers of Investments) (Securities and Securities-based Derivatives Contracts) Regulations 2018 (G.N. No. S 664/2018); or

(ii)

[Deleted by S 222/2023 wef 28/04/2023](iii)if the product advertisement is an advertisement or a publication mentioned in section 300(3C), 303(3) or 305B(8) of the Securities and Futures Act 2001, the product advertisement complies with the requirements in regulation 19A(1) of the Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005 (G.N. No. S 602/2005).